Interesting situation - Driving on the phone
Discussion
Driving over to Bath today (not relevant but I took the worst route ever and took nearly 2 hours for a 50 minute journey). Anyway, just outside Corsham and heading down Box Hill I spot some blue lights in the mirror a few cars back so indicate and slow down so that they can pass easily......but they don't pass, they pull alongside then drop in behind me, lights still on. I pull into the next available side street and find a safe place to stop. Turn the engine off, open the window and await the Officer. Officer walks up and opens the conversation with "spotted you using your phone back up the road on the A4"..."No you didn't, I have not been on my phone", "I can categorically tell you I have not made or received any calls", He then looked inside the car and spotted my phone in the cup holder. I said he should check my phone records so handed it to him and unlocked it, he scrolled through and saw that I had not made or received any calls. He seemed a bit sheepish so said they would just runs some checks on the car (may be relevant, car is only 3 days old so wonder if it flagged on ANPR and that is the real reason for pulling over). They ran the plate and confirmed my address, took down my name and checked my licence. He asked me where I was going and what I was doing, to which I responded "going to bury my Mum", awkward moment.
Sorry Sir, on your way.
I had not been on my phone at any point in the journey, I can only assume that he saw me with my elbow on the arm rest with my hand on my head and assumed I was on the phone. Question is, what if my phone records had shown that I had been on a call? I have my phone bluetoothed to the car so would have been handsfree anyway. My Wife was with me so if I had wanted to make a call she would have dialed the number if needed but it would have been his word against mine and I can imagine how that would have gone down.
Just to be clear, I absolutely did not use my phone but I am concerned that given the current clampdown on this you could quite easily end up with 3 points or a fine just through a misunderstanding. Do they not require any kind of evidence?
Sorry Sir, on your way.
I had not been on my phone at any point in the journey, I can only assume that he saw me with my elbow on the arm rest with my hand on my head and assumed I was on the phone. Question is, what if my phone records had shown that I had been on a call? I have my phone bluetoothed to the car so would have been handsfree anyway. My Wife was with me so if I had wanted to make a call she would have dialed the number if needed but it would have been his word against mine and I can imagine how that would have gone down.
Just to be clear, I absolutely did not use my phone but I am concerned that given the current clampdown on this you could quite easily end up with 3 points or a fine just through a misunderstanding. Do they not require any kind of evidence?
vonhosen said:
Witness testimony is evidence.
It may or may not be enough, but it's still evidence.
In this case there are four pieces of evidence v. one...It may or may not be enough, but it's still evidence.
You
Your wife
Your phone record
Car w/ bluetooth
v.
Plod's eyes
My money is still on you having to part with some dosh and get some points.
See, thats the problem, especially with bluetooth and hands free.
You could very well have used the cars system to dial the number and have the call, and leaning on the armrest as you describe.
How would you prove otherwise when he checks the call log and see that you were but using BT?
You could very well have used the cars system to dial the number and have the call, and leaning on the armrest as you describe.
How would you prove otherwise when he checks the call log and see that you were but using BT?
tuffer said:
Question is, what if my phone records had shown that I had been on a call?
Just because you weren't making/receiving a call, doesn't mean you weren't illegally using the phone.If you'd been checking Facebook or going through your contacts list or cancelling the satnav app - and holding it in your hand to do it - that'd be a fair cop.
If your car has Bluetooth prep why was your phone in the cup holder? 
Not doubting your story but my car also has Bluetooth and nav and consequently my phone has no use and lives in my jacket pocket whilst driving.
To answer your broader question, as touched on above using the phone doesn't necessarily mean just making or receiving calls or texts. It's a tough law to police but one we seem to have to try and live with unless we accept the proven accidents etc that result from allowing people to.
Sorry for your loss, too.
Not doubting your story but my car also has Bluetooth and nav and consequently my phone has no use and lives in my jacket pocket whilst driving.
To answer your broader question, as touched on above using the phone doesn't necessarily mean just making or receiving calls or texts. It's a tough law to police but one we seem to have to try and live with unless we accept the proven accidents etc that result from allowing people to.
Sorry for your loss, too.
Durzel said:
If your car has Bluetooth prep why was your phone in the cup holder?
Not doubting your story but my car also has Bluetooth and nav and consequently my phone has no use and lives in my jacket pocket whilst driving.
To answer your broader question, as touched on above using the phone doesn't necessarily mean just making or receiving calls or texts. It's a tough law to police but one we seem to have to try and live with unless we accept the proven accidents etc that result from allowing people to.
Sorry for your loss, too.
Mine lives in my trouser pocket but as I have cracked 2 screens whilst sitting in the car it now lives on the dash while I'm driving.Not doubting your story but my car also has Bluetooth and nav and consequently my phone has no use and lives in my jacket pocket whilst driving.
To answer your broader question, as touched on above using the phone doesn't necessarily mean just making or receiving calls or texts. It's a tough law to police but one we seem to have to try and live with unless we accept the proven accidents etc that result from allowing people to.
Sorry for your loss, too.
Mine stays permanently in my pocket when driving - i'll sort any texts and missed calls when I get where i'm going. If it needs going back out again to sort out what the call was about then so be it - calls aren't usually life or death are they. Life went on quite happily for years without the things.
Durzel said:
If your car has Bluetooth prep why was your phone in the cup holder?
Not doubting your story but my car also has Bluetooth and nav and consequently my phone has no use and lives in my jacket pocket whilst driving.
To answer your broader question, as touched on above using the phone doesn't necessarily mean just making or receiving calls or texts. It's a tough law to police but one we seem to have to try and live with unless we accept the proven accidents etc that result from allowing people to.
Sorry for your loss, too.
Not everyone drives a car whilst wearing a jacket and tie, I regularly drive in jeans and a tee shirt and my phone lives in my back pocket most of the time. However as another poster has said if I sit in the car with it in my back pocket the screen has cracked before now so I have learned to take it out beforehand and put it somewhere it wont slide anywhere. Not doubting your story but my car also has Bluetooth and nav and consequently my phone has no use and lives in my jacket pocket whilst driving.
To answer your broader question, as touched on above using the phone doesn't necessarily mean just making or receiving calls or texts. It's a tough law to police but one we seem to have to try and live with unless we accept the proven accidents etc that result from allowing people to.
Sorry for your loss, too.
If I need the satnav then it goes in its phone cradle, however having a case round the phone makes this a bit of a faf to get in and out so if its a short journey it just gets tossed somewhere. This doesn't make me a facebook addict.
Ok, fair points. I think we can all agree though that in this weather & time of year you aren't likely to be driving around in just a jeans & tshirt though right? You could stick it in your coat whether you're wearing it or it sat on the passenger or rear seat?
Failing that, sat on the centre console or something. Having it in a cup holder, to me, suggests there's a chance it'll be touched during the journey. In the OP's case his missus was in the car - couldn't see have held onto it, put it in her handbag or whatever?
I agree though having it in your rear pocket is asking for the screen to break.
Failing that, sat on the centre console or something. Having it in a cup holder, to me, suggests there's a chance it'll be touched during the journey. In the OP's case his missus was in the car - couldn't see have held onto it, put it in her handbag or whatever?
I agree though having it in your rear pocket is asking for the screen to break.
Edited by Durzel on Sunday 29th January 11:24
Durzel said:
Ok, fair points. I think we can all agree though that in this weather & time of year you aren't likely to be driving around in just a jeans & tshirt though right? You could stick it in your coat whether you're wearing it or it sat on the passenger or rear seat?
Failing that, sat on the centre console or something. Having it in a cup holder, to me, suggests there's a chance it'll be touched during the journey. In the OP's case his missus was in the car - couldn't see have held onto it, put it in her handbag or whatever?
I agree though having it in your rear pocket is asking for the screen to break.
No we can't all agree, I dislike driving in a jacket and it is usually thrown on the back seat, all our cars have heaters, great things they are, I could leave the phone in my jacket but almost invariably put the phone in the centre console someplace.Failing that, sat on the centre console or something. Having it in a cup holder, to me, suggests there's a chance it'll be touched during the journey. In the OP's case his missus was in the car - couldn't see have held onto it, put it in her handbag or whatever?
I agree though having it in your rear pocket is asking for the screen to break.
Edited by Durzel on Sunday 29th January 11:24
In light of the OP's experience though I may rethink this.
Corpulent Tosser said:
No we can't all agree, I dislike driving in a jacket and it is usually thrown on the back seat, all our cars have heaters, great things they are, I could leave the phone in my jacket but almost invariably put the phone in the centre console someplace.
In light of the OP's experience though I may rethink this.
Didn't I just say that? You could stick it in your jacket/coat/whatever, which you're almost certainly going to be wearing or at least taking with you in this weather, and put that on the seat? In light of the OP's experience though I may rethink this.
Why does it need to be in arms reach if you don't need to touch it? Durzel said:
If your car has Bluetooth prep why was your phone in the cup holder?
Because that is where it always lives, phone was in my hand, I jumped in the car and threw it in the central cupholder by the gearstick (so it doesn't slide around). Going forward I will make sure it is in my bag/coat and on the rear seat.TooMany2cvs said:
tuffer said:
Question is, what if my phone records had shown that I had been on a call?
Just because you weren't making/receiving a call, doesn't mean you weren't illegally using the phone.If you'd been checking Facebook or going through your contacts list or cancelling the satnav app - and holding it in your hand to do it - that'd be a fair cop.
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